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Jason Kahl

What Will I Get? Smc?

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When I filed a 1151 claim last year I had one surgery and could walk with crutches. The granted the 1151 and said "Your current disablity is due the Negligence and Carelessness of the VAMC" so I am service connected for a Cervical Trauma with a spastic gait. I filed April 2009 I got the award April 2010.

Since the the first surgery I was told in June 2009 that I needed another surgery I had to wait until March 2010 for, in July I was told that the March surgery collapsed so I had another surgery.

That makes 3 spinal cord surgeries on the same spot since April 2009, since then I have gone from ambulating with crutches to using a wheel chair outside the house. If I lay down nearly all day I can get around the house somewhat. If I spend too much time sitting up or going out in my wheel chair or even riding in a car when I get home I have to crawl up the steps to my house, when I do get in I have to go lay down asap or sometimes I will get "stuck" either my legs won't respond at all or will go out from under me. Regardless what I do has a direct effect on how much my legs work. I have noticed that the muscles in my legs are shrinking even my calf muscles no longer fully contract at all. I have lost a lot of muscle in my butt and hips, sitting for more than 10 min becomes uncomfortable I can get by with eating percocet every couple hours. In fact nearly all my muscles below the waist have been going fast.. Right now I spend nearly all day in bed, what I can do on my feet has really been going down hill, The doctors said due to the progression I am going to be fully wheelchair bound sometime soon.

After seeing me walk my doctors have said its become too dangerous I am actually doing more damage because the extreme way I need to twist to swing my legs forward, its stretching the tendons and muscles in my hips, once this goes I will start popping my hip out of joint. My house is not setup for a wheel chair and I hate that thing with all my soul. I think because it was a 1151 case the VA is moving very slow to approve my Car and House grants even though my doctors at the VA have already approved both.

My wife had had to quit her job to stay home and take care of me and our three kids, I can't move fast enough or even pick them up if theres a problem.

Right now I have a Grand total of 20% for the cervical trauma, I filed a appeal for increase. Besides the the three surgeries on my spine I have a secondary spinal cord injury advanced muscle atrophy below the waist and partial paralysis. September 7th is my next C&P to see a neurologist. OCt 7th I am being admited into the spinal cord injury clinic, I hope to have someone start following this, over I have not seen anyone but surgeons over the last year, no one has been following me for this as primary care doc...I have been on my own for this whole time...

I have other service connected injuries that's a total of 50% with a total of 70%.

What can I expect as far as compensation?

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It sounds to me like you should be getting 100% or at least TDIU. Please apply for TDIU ASAP!!!

pr

When I filed a 1151 claim last year I had one surgery and could walk with crutches. The granted the 1151 and said "Your current disablity is due the Negligence and Carelessness of the VAMC" so I am service connected for a Cervical Trauma with a spastic gait. I filed April 2009 I got the award April 2010.

Since the the first surgery I was told in June 2009 that I needed another surgery I had to wait until March 2010 for, in July I was told that the March surgery collapsed so I had another surgery.

That makes 3 spinal cord surgeries on the same spot since April 2009, since then I have gone from ambulating with crutches to using a wheel chair outside the house. If I lay down nearly all day I can get around the house somewhat. If I spend too much time sitting up or going out in my wheel chair or even riding in a car when I get home I have to crawl up the steps to my house, when I do get in I have to go lay down asap or sometimes I will get "stuck" either my legs won't respond at all or will go out from under me. Regardless what I do has a direct effect on how much my legs work. I have noticed that the muscles in my legs are shrinking even my calf muscles no longer fully contract at all. I have lost a lot of muscle in my butt and hips, sitting for more than 10 min becomes uncomfortable I can get by with eating percocet every couple hours. In fact nearly all my muscles below the waist have been going fast.. Right now I spend nearly all day in bed, what I can do on my feet has really been going down hill, The doctors said due to the progression I am going to be fully wheelchair bound sometime soon.

After seeing me walk my doctors have said its become too dangerous I am actually doing more damage because the extreme way I need to twist to swing my legs forward, its stretching the tendons and muscles in my hips, once this goes I will start popping my hip out of joint. My house is not setup for a wheel chair and I hate that thing with all my soul. I think because it was a 1151 case the VA is moving very slow to approve my Car and House grants even though my doctors at the VA have already approved both.

My wife had had to quit her job to stay home and take care of me and our three kids, I can't move fast enough or even pick them up if theres a problem.

Right now I have a Grand total of 20% for the cervical trauma, I filed a appeal for increase. Besides the the three surgeries on my spine I have a secondary spinal cord injury advanced muscle atrophy below the waist and partial paralysis. September 7th is my next C&P to see a neurologist. OCt 7th I am being admited into the spinal cord injury clinic, I hope to have someone start following this, over I have not seen anyone but surgeons over the last year, no one has been following me for this as primary care doc...I have been on my own for this whole time...

I have other service connected injuries that's a total of 50% with a total of 70%.

What can I expect as far as compensation?

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SMC is also paid for loss of use. The extent of loss of use depends on the level of paralysis to the extremeties.

They should examine you to determine the levels and severity of the spinal issue.

Good Luck

J

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I agree -File for TDIU-

The VA itself ad caused yo to become fully unemployable.

and you need to appeal their ridiculous low balled Sec 1151 award.

Are you an OEF OIF veteran? If so the new Caregiver bill might provide some help for your wife.

http://www.vawatchdo.../nf042310-7.htm

Have you applied for SSA disability benefits yet?

you stated:

"I have other service connected injuries that's a total of 50% with a total of 70%."

What can I expect as far as compensation?" the 100% rate-plus SMC in my opinion - but you might have to push them on it-

Maybe the Hosing and auto grants will revise the rating to a higher one---not sure how that works.

"I think because it was a 1151 case the VA is moving very slow to approve my Car and House grants even though my doctors at the VA have already approved both."

Did the VA have that info or evidence that the docs approved it, when they awarded that lousy % for negligence?

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